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(영문) 서울남부지방법원 2020.02.19 2019고단5862
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be liable for damages equivalent to the amount obtained by deceit to the applicant for compensation 11,00.

Reasons

B. Around May 1, 2019, the Defendant conspiredd to take part in the crime of using a cell phone hosting display method “B” as a cash collection measure against the Nonindicted Party and the Defendant, and agreed to take charge of receipt of cash from the victims at a designated place in accordance with the direction of the Nonindicted Party’s name and to transfer the said cash to another person with no name or deposit the said cash with the account designated by the winners of his/her name.

At around 09:00 on May 3, 2019, the name-unexplosiveist stated that the victim X was forced to take a phone to the victim X for the crime of kidnapping, and that “her husband and wife agreed to lend the above bonds, his/her husband and wife guaranteed the above bonds, and his/her husband and wife did not repay the money so that he/she could not repay the money.” If he/she did not bring about 23 million won in cash, he/she shall sell his/her baby to a foreign country.” At around 13:16 of the same day, the victim was forced the victim to move to the road in front of the Dobong-gu Seoul Metropolitan Government Council (“* church”) and around that time, the defendant received the instructions from the victim from the victim at the above location, who received KRW 23 million in cash from the victim.

Accordingly, the defendant, in collusion with the person who is not aware of his name, by deceiving the victim as above, and by deceiving the victim with cash 23 million won from the victim.

Summary of Evidence

"2019 Highest 5862"

1. Defendant's legal statement;

1. Statement of the police concerning V;

1. Each investigation report (No. 2 and 3 of the evidence list) 2019 order6404;

1. Defendant's legal statement;

1. A written statement of X;

1. Application of Acts and subordinate statutes to report internal investigation (including No. 3 of the evidence list, accompanying photographs);

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 25 (1) 1 of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. The reason for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution

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